A statutory will is a will made on behalf of a person who lacks the mental capacity to make a will themselves, upon application to the Court of Protection. The guidance is set out in the Mental Capacity Act 2005 and any statutory will must be made in the person’s best interests. The Court of Protection will therefore want to ensure that, in making an application for a statutory will, the following has been considered:
- the person’s past and present wishes and feelings (and, in particular, any relevant written statement made by them when they had capacity);
- the beliefs and values that would be likely to influence their decision if they had capacity; and
- the other factors that they would be likely to consider if they were able to do so.
If you are likely to be affected by a statutory will application then you are entitled to respond and have your say. We are able to advise you whether you wish to prepare a statutory will on someone’s behalf, want to dispute a statutory will application or need to defend a challenge to a statutory will.